You Can’t Buy A Copyright Just To Bury It–Katz v. Chevaldina (Forbes Cross-Post)
In the United States, copyright law principally serves as an economic policy by protecting creators’ ability to recoup the investments they make in generating new works that have value to society. As a result, copyright law gets weird when it’s…
Qualified Immunity Bars Claims Based on Search of Student’s Facebook Account and Discipline for Private Messages
MJ was a high school student and cheerleader. On a school trip to a local news station to promote a charitable cause, the squad was told to be quiet by the cameraman. MJ apparently did not, and the captain of the…
Local Hosting and the Draft “Trade in Services Agreement” (Guest Blog Post)
by Guest Blogger Marketa Trimble The leaked draft of the Trade in Services Agreement (“TiSA”) – the agreement that is being negotiated by a number of countries, including the United States – has attracted intense criticism: Glyn Moody on ArsTechnica UK…
Ninth Circuit Rejects Video Privacy Protection Act Claims Against Sony
This lawsuit asserts Sony failed to purge Video Privacy Protection Act-covered information and made impermissible transfers to an affiliated entity. The district court dismissed, among other reasons, because it found the VPPA did not create a cause of action for…
The Long-Term Promise of Privacy Federalism, Part 2
Yesterday, guest blogger Bilyana Petkova summarized some of her arguments in favor of “privacy federalism,” i.e., temporary state-level regulation of privacy matters, a topic she addresses more fully in a forthcoming article on SSRN. In helping her prepare her post,…
The Long-Term Promise of Privacy Federalism, Part 1 (Guest Blog Post)
[Eric’s introduction: as I’ve remarked previously, the academic and policy discourse about privacy focuses principally on the substantive legal boundaries of privacy law and pays comparatively little attention on which policymakers are best positioned to develop and supervise those rules. The…
Judge Expresses Frustration With Overbroad Discovery Requests for Social Media Evidence–Farley v. Callais
As we’ve discussed before, social media accounts are honeypots in litigation; they are irresistible data sources as an encapsulation of a person’s life. As a result, it’s become routine for litigators to seek massive amounts of social media evidence in…
AARP Defeats Lawsuit for Sharing Information With Facebook and Adobe
Plaintiff sued AARP alleging that AARP violated its privacy policy (link to policy effective April 2015) by allowing Adobe and Facebook to collect PII about plaintiff. The court says there’s not a sufficient allegation of violation of AARP’s privacy policy…
9th Circuit Rejects VPPA Claims Against Netflix For Intra-Household Disclosures
Plaintiffs sued Netflix under the Video Privacy Protection Act for Netflix’s display of a subscriber’s queue and recommendation list on televisions connected to the subscriber’s account. In other words, if a household is sitting around in front of a television that accesses someone’s…
Seventh Circuit: Data Breach Victims Have Standing Based on Future Harm
Plaintiffs sued Neiman Marcus on behalf of a putative class alleging claims arising out of a 2013 data breach. Neiman Marcus informed its customers (in 2014) that an attack had occurred and 350,000 cards had been exposed. Neiman Marcus first…